Terms and Conditions

By using the Bugheist.com web site ("Service"), or any services of Bugheist ("Bugheist"), you are
agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING
INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE
AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR
ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH
ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO
NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE
SERVICES.

Please note that if you are accessing any Bugheist service in your capacity as a government entity,
there are special terms that may apply to you.

If Bugheist makes material changes to these Terms, we will notify you by email or by posting a notice
on our site before the changes are effective. Any new features that augment or enhance the current
Service, including the release of new tools and resources, shall be subject to the Terms of Service.
Continued use of the Service after any such changes shall constitute your consent to such changes.
You can review the most current version of the Terms of Service at any time at: http://www.bugheist.com/terms

Violation of any of the terms below will result in the termination of your Account. While Bugheist
prohibits such conduct and Content on the Service, you understand and agree that Bugheist cannot be
responsible for the Content posted on the Service and you nonetheless may be exposed to such
materials. You agree to use the Service at your own risk.

You must be 13 years or older to use this Service.

You must be a human. Accounts registered by "bots" or other automated methods are not
permitted.

You must provide your legal full name, a valid email address, and any other information
requested in order to complete the signup process.

Your login may only be used by one person - a single login shared by multiple people is not
permitted. You may create separate logins for as many people as your plan allows.

You are responsible for maintaining the security of your account and password. Bugheist
cannot and will not be liable for any loss or damage from your failure to comply with this
security obligation.

You are responsible for all Content posted and activity that occurs under your account (even
when Content is posted by others who have accounts under your account).

One person or legal entity may not maintain more than one free account.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use
of the Service, violate any laws in your jurisdiction (including but not limited to copyright or
trademark laws).

Customers may access their Bugheist account data via an API (Application Program Interface). Any use
of the API, including use of the API through a third-party product that accesses Bugheist, is bound
by these Terms of Service plus the following specific terms:

You expressly understand and agree that Bugheist shall not be liable for any direct,
indirect, incidental, special, consequential or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data or other intangible losses (even if Bugheist
has been advised of the possibility of such damages), resulting from your use of the API or
third-party products that access data via the API.

Abuse or excessively frequent requests to Bugheist via the API may result in the temporary or
permanent suspension of your account's access to the API. Bugheist, in its sole discretion, will
determine abuse or excessive usage of the API. Bugheist will make a reasonable attempt via email
to warn the account owner prior to suspension.

Bugheist reserves the right at any time to modify or discontinue, temporarily or permanently,
your access to the API (or any part thereof) with or without notice.

All paid plans must enter a valid credit card. Free accounts are not required to provide a
credit card number.

An upgrade from the free plan to any paying plan will immediately bill you.

For monthly payment plans, the Service is billed in advance on a monthly basis and is
non-refundable. There will be no refunds or credits for partial months of service,
upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat
everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you
shall be responsible for payment of all such taxes, levies, or duties, excluding only United
States (federal or state) taxes.

For any upgrade or downgrade in plan level while on a monthly billing cycle, the credit card
that you provided will automatically be charged the new rate on your next billing cycle. For
upgrades or downgrades while on a yearly plan, Bugheist will immediately charge or refund the
difference in plan cost, prorated for the remaining time in your yearly billing cycle.

Downgrading your Service may cause the loss of Content, features, or capacity of your
Account. Bugheist does not accept any liability for such loss.

You are solely responsible for properly canceling your account. An email or phone
request to cancel your account is not considered cancellation. You can cancel your account at
any time by clicking on the Account link in the global navigation bar at the top of the screen.
The Account screen provides a simple no questions asked cancellation link.

All of your Content will be immediately deleted from the Service upon cancellation. This
information can not be recovered once your account is cancelled.

If you cancel the Service before the end of your current paid up month, your cancellation
will take effect immediately and you will not be charged again.

Bugheist, in its sole discretion, has the right to suspend or terminate your account and
refuse any and all current or future use of the Service, or any other Bugheist service, for any
reason at any time. Such termination of the Service will result in the deactivation or deletion
of your Account or your access to your Account, and the forfeiture and relinquishment of all
Content in your Account. Bugheist reserves the right to refuse service to anyone for any reason
at any time.

We claim no intellectual property rights over the material you provide to the Service. Your
profile and materials uploaded remain yours. However, by setting your pages to be viewed
publicly, you agree to allow others to view your Content. By setting your repositories to be
viewed publicly, you agree to allow others to view and fork your repositories.

Bugheist does not pre-screen Content, but Bugheist and its designee have the right (but not
the obligation) in their sole discretion to refuse or remove any Content that is available via
the Service.

You shall defend Bugheist against any claim, demand, suit or proceeding made or brought
against Bugheist by a third party alleging that Your Content, or Your use of the Service in
violation of this Agreement, infringes or misappropriates the intellectual property rights of a
third party or violates applicable law, and shall indemnify Bugheist for any damages finally
awarded against, and for reasonable attorney’s fees incurred by, Bugheist in connection with any
such claim, demand, suit or proceeding; provided, that Bugheist (a) promptly gives You written
notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and
settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim,
demand, suit or proceeding unless the settlement unconditionally releases Bugheist of all
liability); and (c) provides to You all reasonable assistance, at Your expense.

Your use of the Service is at your sole risk. The service is provided on an "as is" and "as
available" basis.

Support for Bugheist services is only available in English, via email.

You understand that Bugheist uses third party vendors and hosting partners to provide the
necessary hardware, software, networking, storage, and related technology required to run the
Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely
imply that it is associated with the Service, Bugheist, or any other Bugheist service.

We may, but have no obligation to, remove Content and Accounts containing Content that we
determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party's intellectual property
or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any
Bugheist customer, employee, member, or officer will result in immediate account
termination.

You understand that the technical processing and transmission of the Service, including your
Content, may be transfered unencrypted and involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or
devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage significantly exceeds the average bandwidth usage (as determined
solely by Bugheist) of other Bugheist customers, we reserve the right to immediately disable
your account or throttle your file hosting until you can reduce your bandwidth consumption.

Bugheist does not warrant that (i) the service will meet your specific requirements, (ii) the
service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be
obtained from the use of the service will be accurate or reliable, (iv) the quality of any
products, services, information, or other material purchased or obtained by you through the
service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that Bugheist shall not be liable for any direct,
indirect, incidental, special, consequential or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data or other intangible losses (even if Bugheist
has been advised of the possibility of such damages), resulting from: (i) the use or the
inability to use the service; (ii) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained or messages
received or transactions entered into through or from the service; (iii) unauthorized access to
or alteration of your transmissions or data; (iv) statements or conduct of any third party on
the service; (v) or any other matter relating to the service.

The failure of Bugheist to exercise or enforce any right or provision of the Terms of Service
shall not constitute a waiver of such right or provision. The Terms of Service constitutes the
entire agreement between you and Bugheist and govern your use of the Service, superseding any
prior agreements between you and Bugheist (including, but not limited to, any prior versions of
the Terms of Service). You agree that these Terms of Service and Your use of the Service are
governed under California law.